2005 (3) TMI 522 - AT - Central Excise

Revenue's Early Attachment Order Ruled Misuse of Power, Tribunal Emphasizes Statutory Appeal Right

The Tribunal found that the Revenue's issuance of an attachment order before the expiry of the appeal period constituted a misuse of power. Emphasizing ... Strictures against department Issues:Misuse of powers by Revenue in issuing attachment order before appeal period expiry.Analysis:The appellant filed a Miscellaneous Application (MA) for Early Hearing due to an attachment order issued by Revenue post-receiving the Order-in-Appeal. The consultant argued that no coercive measures should be taken during the appeal period, citing CEGAT and High Court decisions. The Revenue issued an attachment order threatening auction if dues were not cleared within 30 days. Despite no response from the Central Excise authority, the appellant requested the Tribunal to restrain the Revenue from auctioning the attached property. The Tribunal heard both parties, noting the appellant's statutory right to appeal within three months. They observed the Revenue's actions as a gross misuse of power and directed them not to take coercive action until the stay application was disposed of. The Tribunal emphasized following CBEC instructions, sent a copy of the order to the concerned Commissioner, and requested the Chairman of CBEC to take necessary measures.This judgment addresses the issue of the Revenue's misuse of power in issuing coercive measures before the expiry of the appeal period. The Tribunal highlighted the appellant's statutory right to appeal within three months and the CBEC's instructions prohibiting coercive actions during this period. By directing the Revenue not to take any coercive action until the stay application was resolved, the Tribunal aimed to ensure compliance with legal procedures and prevent harassment of trade and industry. The Tribunal's decision emphasized the importance of following established guidelines and ensuring fair treatment of appellants during the appeal process. The judgment serves as a reminder to Revenue authorities to adhere to legal requirements and avoid premature enforcement actions that could impede the appellant's right to appeal and seek due process.